,• • �:Cf� 1oSl
<br />(iii) Otherwise engaged in any activity or failed to
<br />' take any action which as of the date hereof, could
<br />subject Mortgagee or Mortgagor to claims for
<br />intentional or negligent torts, strict or absolute
<br />liability, either pursuant to statute or common
<br />law, in connection with substances located on the
<br />Mortgaged Premises at any time prior to the date
<br />hereof. The terms set withir_ quotation marks in
<br />�. this Section 3(i) shall have the meanings given to
<br />g
<br />them in the Comprehensive Environmental Response,
<br />Compensation and Liability Act, 42 U.S.C., as
<br />amended by SARA ("CERCLA"') and the Minnesota
<br /><' Environmental Response Compensation and Liability
<br />r Act, Minn. Stat. Ch. 115B ("MERLA"). "Hazardous
<br />F a, Substances" means formaldehyde, urea,
<br />polychlorinated biphenyls, asbestos, petroleum,
<br />natural gas, synthetic gas usable for fuel or
<br />mixtures thereof, any materials related to any of
<br />cC, the foregoing, and substances defined as
<br />"'hazard'ous`substances;" "toxic substances
<br />t ,"
<br />"hazardous waste," "pollutant," or "contaminant"
<br />Y in CERCLA, MERLA, the Hazardous Materials
<br />, - Transportation Act, 49 U.S.C. S 1601
<br />Qt spa., the
<br />Clean Water Act, 33 U.S.C. § 1251 et sea., any
<br />Minnesota environmental laws, or any regulations
<br />promulgated pursuant to any of the foregoing
<br />statutes.
<br />! (j') Mortgagor further represents and warrants that no
<br />kr Hazardous Substances shall be generated, treated,
<br />inatalled,.used;,stored, released or disposed of or
<br />j otherwise deposited in or located on the Mortgaged
<br />Premises including, without limitation, the surface and
<br />subsurface waters of the Mortgaged Premises, except that
<br />Mortgagor shall be permitted to store petroleum products
<br />(' (primarily motor oil) on the premises in reasonable
<br />_quantities in the ordinary course of business of
<br />''changing the oil in motor vehicles and lubricating motor
<br />.
<br />vehicles, provided that such.storage and use is in full
<br />K compliance with all applicable statutes, ordinances,
<br />codes, rules, regulations and other laws.
<br />tk) Mortgagor shall hold harmless Mortgagee and each of
<br />Mortgagee's former, present, and future officers,
<br />directors: employees, agents, shareholders, and
<br />attorneys and all of their resPective successors and
<br />assigns from and against any and all livability.
<br />(including bodily injury and death), loss, cost, damage,
<br />And expense, including witnesses' and attorneys' fees,
<br />f' resulting from or due to the release or threatened
<br />release o,` any Hazardous Substance, that was, or is
<br />claimed or alleged to have been; deposited, stored,
<br />disposed of, placed, or otherwise' located or allowed to
<br />be, located on'the Mortgaged Premises by any person at
<br />4
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